Our law practice covers all areas of immigration law, including employment-based immigration and family-based immigration, all temporary and permanent-type visas, as well as U.S. citizenship.
Click on any of the immigration links to the left to find out more information.
Temporary visas, also known as nonimmigrant visas, have fixed time limits in which the alien may remain in the United States to perform the activity that is consistent with their type of visa. With the exception of H-1B and H-2B visas, there are no numerical limitations on the number of nonimmigrant visas that may be issued. Discussed below are the various types of temporary visas available.
H-1B Specialty Occupation Visas (Professionals)
Professional workers with at least a bachelor's degree, or its equivalent work experience, may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position.Please click here to see our special section on H-1B visas.
K-1 Fiance(e) Visas
A fiance(e) of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days of his or her entry in the U.S. Please click here to see our special section on K-1 Fiancé(e) visas.
J-1 and Q-1 Exchange Visitor Visas
The "J" exchange visitor program include students, business trainees, teachers, professors, research scholars, professional trainees, international visitors, government visitors and au pairs.
The "Q" international cultural exchange program is for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the participant's home country in the United States.
E-1 and E-2 Treaty Trader and Investor Visas
E-1 (Trader) and E-2 (Investor) visas are based upon a special treaty between the United States and the country of nationality of the owners of the foreign business.
L-1 Intracompany Transfer Visas
L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer's U.S. company, affiliate, or subsidiary, to perform a similar role.
I Visas - Representatives of Foreign Information Media
Journalists and other bona fide representatives of foreign press, radio, or film may be eligible for a nonimmigrant visa.
O-1 Extraordinary Ability Worker Visas
Foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field may be eligible for a nonimmigrant visa.
P-1 Artists and Athletes
Individual or team athletes, or members of an entertainment group which is internationally recognized, may qualify for a nonimmigrant visa.
TN Status Under NAFTA
Nationals of Canada and Mexico who will temporarily work for a U.S. employer in the United States may be eligible for a nonimmigrant visa.
1. Family - Based Permanent Residence Visas
United States Citizens may petition for spouses, parents, children and siblings to obtain their permanent residence. Permanent residents may petition only for spouses and children. The availability of a family-based visa is determined by the type of relationship between the petitioner and the beneficiary. The various familial relationships and visa allocations are discussed below.
(a) Immediate Relatives of U.S. Citizens - No Quota
Unlike other preference categories, there is no numerical limitation on the number of immediate relatives of citizens who may become permanent residents in any one year. Immediate relatives of U.S. citizens include:
- Husband or wife
- Unmarried children under the age of 21
- Parents, if the U.S. citizen is 21 years of age or older
(b) Preference Categories
Other groups of family members of U.S. citizens or permanent resident aliens can also qualify for a permanent resident visa, but these aliens are subject to numerical limitations. Because there are only a limited number of visas available, these groups are divided into "preference" categories. The higher the preference category, the more quickly a visa will be available to the alien. The INS breaks down family-based petitions into the following preference categories:
- First Preference: Unmarried sons and daughters of U.S. citizens who are 21 years of age or older. This preference category is assigned 23,400 annual visas.
- Second Preference: Spouses and unmarried sons and daughters of permanent residents. This preference category is assigned 114,200 annual visas.
- Third Preference: Married sons and daughters of U.S. citizens. This preference is assigned 23,400 annual visas
- Fourth Preference: Brothers and sisters of U.S. citizens, provided the U.S. citizen is at least 21 years of age. This preference is assigned 65,000 annual visas.
2. Employment - Based Permanent Residence Visas
(a) Employment - Based First Preference: Priority Workers
This category does not require a labor certification from the U.S. Department of Labor.
EB 1-A: Persons of extraordinary ability in the sciences, arts, education, business, or athletics.
EB 1-B: Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
EB 1-C: Multinational executives and managers.
(b) Employment - Based Second Preference:
This category does require a labor certification from the U.S. Department of Labor, unless the alien is eligible for a National Interest Waiver.
EB-2A: Professionals holding an advanced degree beyond a bachelors degree.
EB-2B: Persons with exceptional ability in the arts, sciences, or business.
(c ) Employment - Based Third Preference:
This category requires a labor certification by the U.S. Department of Labor.
EB-3A: Professionals with at least a bachelors degree.
EB-3B: Skilled workers in an occupation that requires at least two years training or experience.
EB-3C: Other workers capable of filling occupations requiring less than two years training or experience.
(d) Employment - Based Fourth Preference
This category does not require a labor certification from the U.S. Department of Labor.
EB-4: Special immigrant visas for religious workers.
(e) Employment - Based Fifth Preference
This category does not require a labor certification by the U.S. Department of Labor.
EB-5: Investors in new commercial enterprises
Permanent residents may become naturalized U.S. citizens after meeting certain requirements. Of course, permanent residents are not required to become U.S. citizens and many do not seek U.S. citizenship because they would have to forfeit their citizenship in their native countries.
In order to be eligible for citizenship in the U.S. aliens must meet the following requirements:
- Admitted to permanent resident status
- Maintained continuous residence in the U.S. for at least five (5) years immediately preceding the filing for naturalization. This requirement is reduced to three (3) years for the spouses of U.S. citizens.
- Resided for at least three (3) months within the state in which the applicant filed his naturalization petition.
- Physically present in the U.S. for a total of at least one half (1/2) of the period of required continuous residence. This will equal 2 and 1/2 years for most aliens and 1 and 1/2 years for spouses of U.S. citizens.
- Ability to read, write and speak English.
- Knowledge of American history and government.
- Good moral character.
- Continuous residence in the U.S. from the date the petition was filed until admission to citizenship.
- at least 18 years of age.
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